Date: 05-05-2018
Business: Mentioned by Preciepe.
Advocate Mr. Rahul Thorat for the Plaintiff present.
Advocate Ms. Tondwalkar for BMC/deft present.
Vakalatnama of the Plaintiff. t.o.r.
Vakalatnama tendered by BMC/deft. t.o.r. O-filed.
List of the documents filed by the BMC/deft. t.o.r. O-filed.
Draft N/M alongwith affidavit in support taken out by the Plaintiff for restraining the Defendant temporarily from demolishing the suit premises, without following due process of law. t.o.r. Leave granted to register.
Mr. Ankush Waze Junior Tree officer present.
Heard Ld adv for the Plaintiff and the Defendant at length. Perused documents produced by the Plaintiff. Ld adv for the Plaintiff has submitted that the Plaintiff is in the possession of suit structure and part of the open area of Survey no. 113 (part) Hissa no. A-1, Corresponding to CTS no. 291. I would like to mention that in the photopass area of the structure has been shown only 100 sq.ft and the Plaintiff has come before the court with the area of the suit structure as 425 sq.ft. Thus Prima facie there is a discrepancy in the area of the suit structure. Officer of the Defendant who is present before the court has submitted that the Defendant/corporation has already developed suit plot area as a garden admeasuring 18000sq.ft. According to him, photographs filed on record are of the said developed garden and in the said area now there is no structure. Thus, considering the submission made by the officer before the court and photographs filed by the defendant. It appears that already the defendant has developed the garden in the suit property. Therefore ad-interim relief claimed is not just to grant at this stage. Hence, ad-interim relief is rejected.
Matter adjd to 20.06.2018 for reply to N/M/ w.st by the Defendant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2018
Date: 20-06-2018
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2018
Date: 28-06-2018
Business: NOB TOB
Received writ in Hon\''ble High Court Appeal from order n.258/2018 with Civil Application no.333/2018.
ORDER
In such circumstances the City Civil Court is directed to decide the Notice of Motion by taking into consideration the factual aspect brought on record by the appellant as well as the corporation. Let the Notice of Motion be decided expeditiously after affording an opportunity to both the parties. In the meantime both the parties are directed to maintain status-quo as regards the standing structure which is occupied by the appellant. The appeal from order is disp of.
Already adjourned to 30.07.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-07-2018
Date: 30-07-2018
Business: Vipinkumar
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2018
Date: 03-10-2018
Business: None present for Plaintiff.
Advocate for BMC/Deft present and filed reply to Notice of Motion cum Written Statement t.o.r.
Court is busy in R/E in suit no.975/08 and dictating order in suit no.1866/10 and other matters, hence board is discharged and matter is adjourned to 05/12/2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-12-2018
Date: 05-12-2018
Business: Advocate Mr. Khopade for Plaintiff present and filed registered Nm no.2274/18 with affidavit in support, t.o.r.
Advocate for BMC/Deft present.
Learned advocate for Plaintiff submitted that, he seeks time for NM hearing. As NM hearing is expedited by Hon\''ble High Court adjourned as a last chance.
Case is adjourned to 12/12/2018 for hearing of Notice of Motion.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2018
Date: 12-12-2018
Business: Court is busy in hearing and dictating order on Chamber Summons in suit no.493/16 and court has to hear urgent matters, hence case is adjourned to 21/01/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Court is busy in dictating Judgment in Suit no. 2290/15 and other urgent matters and hear argument in respect of ad-interim in suit 2050/18, hence case is adjourned to 20.02.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2019
Date: 20-02-2019
Business: Adv. Thorat for plaintiff
Adv. Toldwalkar for Defendant BMC present.
Adjd for NM hearing to 27/02/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Advocate Mr. Khopade h/f Adv. Thorat for Plaintiff present.
Advocate for BMC/Deft present.
K.B.
L.O.
Advocate Mr. Thorat for Plaintiff present and submitted that, copy of NM reply is at least not with him. Hence, Defendant\''s advocate served copy of NM reply upon Plaintiff\''s advocate. Thereupon, Plaintiff\''s advocate submitted that, on next date after going through reply, he will file rejoinder to reply and will argue the matter.
Case is adjourned to 18/03/2019 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Advocate Mr. Thorat for Plaintiff present and sought time to file rejoinder to NM reply filed by BMC. As the matter is expedited by Hon\''ble High Court, adjourned as a last chance.
Advocate Ms. Tondwalkar for BMC/Deft present.
Case is adjourned to 01/04/2019 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Advocate Mr. Rahul Thorat for Plaintiff present and filed rejoinder to NM reply filed by BMC, t.o.r. Copy served to advocate for BMC.
Advocate Ms. Tondwalkar for BMC/Deft present.
Advocate for Plaintiff submitted that, matter may be kept either on Wednesday or Monday. Considering submissions adjourned as a last chance.
Case is adjourned to 03/04/2019 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Heard arguments.
Next Purpose: NM ORDERS
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: Adv. Thorat for plaintiff present.
Adv. Ms. Tondwalkar for MCGM/Deft present.
With consent adjd to 15/04/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Advocate Rahul Thorat for plaintiff present.
Advocate Ms. Tondwalkar for defendant/BMC present.
On request of advocate for plaintiff adjd.
The case is adjourned to 22.04.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Advocate Mr. Rahul Thorat for plaintiff present.
Advocate Ms.Tondwalkar for defendant /MCGM present.
Heard adv. Thorat for plaintiff. Adv. Ms. Tondawalkar sought time as she has not brought her brief. Time is granted.
The Case is adjd. To 24.04.2019 for NM hearing (PH).
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2019
Date: 24-04-2019
Business: Plaintiff present.
Advocate Ms. Remedios h/f Adv. Thorat for plaintiff present.
Advocate Ms.Tondwalkar for defendant/MCGM present.
Heard advocate for plaintiff and defendant.
The Case is adjd. to 03.05.2019 for order.
Next Purpose: NM ORDERS
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Advocate Thorat for plaintiff present.
Advocate Ms. Tondwalkar for defendant/MCGM present.
As Court is busy in hearing urgent ad-interim matter in suit no. 1162/19, the Case is adjd. To 04.05.2019 for order.
Next Purpose: NM ORDERS
Next Hearing Date: 04-05-2019
Date: 04-05-2019
Business: Advocate Ms. Remedios h/f Adv. Thorat for plaintiff present.
Advocate Ms.Hajare for defendant/MCGM present.
The Case is adjd. To 06.06.2019 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: Advocate Remedios h/f adv. Thorat for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
The case is adjourned to 11.06.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 11-06-2019
Date: 11-06-2019
Business: Advocate Thorat for plaintiff present.
Advocate Ms. Mhatre for defendant /MCGM present.
Adv. Thorat answered to the queries raised by the Court.
The case is adjourned to 12.06.2019 for Order.
Next Purpose: NM ORDERS
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Advocate Thorat for plaintiff present.
Advocate Mr.Giri for defendant/MCGM present.
F.R.S.R. following order is passed in Notice of Motion No. 2274/18
ORDER
1. Notice of Motion No. 2274/17 is dismissed.
2. Costs in cause.
After pronouncing of the order advocate for plaintiff requested to continue the status quo granted by the Hon\''ble High Court for further period of eight weeks.
Heard advocate for defendant Mr. Giri. He submitted that plaintiff has failed to establish prima-facie case on merits and therefore the status-quo may not be either continued or granted.
Considering the nature of the suit, the facts and circumstances of this case and the order of the Hon\''ble Bombay High Court in A.O. ST No. 14787/18, the plaintiff and defendant shall maintain the status quo for a period of six weeks as regard the standing structure occupied by the plaintiff.
The case is adjourned to 07.08.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: None for plaintiff.
Advocate Mr. Giri for defendant /MCGM present.
The case is adjourned to 05.10.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Plaintiff present. His advocate absent.
Advocate Ms. Mhatre for defendant/MCGM present.
The case is adjourned to 07.12.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: Adv. for plaintiff absent.
Adv. Mr. Giri for deft./MCGM present.
Shakti Rane, Plff is present.
Matter is adjd. for issues on 21.03.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjd. for Framing Issues on 09.07.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Business: Adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Plaintiff is present. Her advocate is absent.
Adv. Ms. Mhatre h/f Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for framing issues to 30.03.21.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Matter is adjd.to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to covid-19 matter adjourned to next date
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv. Mr. Rahul Thorat for plaintiff present.
Adv. Mr. Khandagale h/f Ms. Mhatre for deft./MCGM present.
Issues are framed at Exh.6.
Matter is adjourned for R.E. to 07.09.2021.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Court is Vacant. Matter is Adj.to next date.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv. Mr. Rahul Thorat for plaintiff is present.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Adv. for the plaintiff filed application for adjournment. It is marked at Exh. 07. O- Granted.
Adjourned for R/E to 22.02.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Date: 22-03-2022
Business: Adv. Mr. Rahul Thorat for plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
KB LO at 12.29 pm.
Plaintiff in person is present.
Adv. Ms. Remodies for plaintiff is present and filed affidavit of evidence along-with list of document. TOR. It is marked at Exh.08.
Copy is supplied to th other side.
List of documents. It is marked at Exh. 09.
O-Other side to say on exhibition of documents.
Adjourned for admission denial to 21.06.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Plaintiff in person is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
KB LO at 11:28 am.
Adv. Mr. Anjali Mishra h/f Adv. Thorat for plaintiff is present.
KB LO at 11:56 am.
Advocate for the defendants filed say on list of documents exhibit 09. Perused the say and record. All the documents except the documents at Sr. Nos. 18 and 37, are filed in original or true copies. They are also referred to in the evidence on affidavit exhibit 08 of the plaintiff. Hence, the same are exhibited as follows, leaving all the objections open on trial :
Original Ration Card. It is marked at Exh. 10.
Original Pitch Holder\''s Card. It is marked at Exh. 11.
Certified copy of 7/12 Extract of Survey No.113. Marked at Exh. 12
Certified copy of Extract of Property Registration Card of CTS. No. 291. It is marked at Exh. 13.
Original Water Bills. It is marked at Exh. 14. Colly.
Acknowledge office copy of Comaplaint. It is marked at Exh. 15.
Original Notice bearing No. UN/45196. It is marked at Exh. 16.
Acknowledged office copy of letter dt. 21.12.1996. It is marked at Exh. 17.
Original Electricity Bill. It is marked at Exh. 19.
Original Electricity Bill issued by M/s. Reliance Energy. It is marked at Exh. 20.
Acknowledge Office copy of letter dated 08.04.1999. It is marked at Exh. 21.
Certified Copy of N.C. No. 591/19999. It is marked at Exh. 22.
Original letter dated 03.05.1999. It is marked at Exh. 23.
Original Letter dated 30.08.1999. It is marked at Exh. 24.
Acknowledged office copy of letter dt. 29.05.1999. Marked Exh. 25.
Acknowledge office copy of letter dt.31.05.1999.Marked at Exh. 26.
Acknowledge office copy of letter dt.19.07.1999.Marked at Exh. 27.
Acknowledge office copy of letter dt.19.07.1999. Marked Exh. 28.
Original Letter dated 22.07.1999. It is marked at Exh. 29.
Acknowledge office copy of letter dt. 23.09.1999. Marked Exh. 30.
Acknowledge office copy of letter dt. 01.10.1999. Marked Exh. 31.
Certified copy of Judgment dt. 26.08.2003. It is marked at Exh. 32.
Certified copy of Order dt. 14.09.2005. It is marked at Exh. 33.
Certified copy of Order dt. 13.12.2005. It is marked at Exh. 34.
Certified copy of Order dt. 20.03.2006. It is marked at Exh. 35.
Original letter dt. 05.05.2012. It is marked at Exh. 36.
Original letter dt. 08.05.2012. It is marked at Exh. 37.
Acknowledge office copy of letter dt.25.10.2012. Marked at Exh.38.
Acknowledge office copy of letter dt.04.03.2013.Marked at Exh. 39.
Original letter dt. 23.03.2015. It is marked at Exh. 40.
Acknowledge office copy of letter dt.30.03.2015. Marked at Exh.41.
Acknowledge office copy of letter dt.27.10.2015. Marked at Exh.42.
Original Shops and Establishment Certificates. Marked at Exh. 43.
Acknowledge office copy of letter dt.27.01.2016. Marked at Exh.44.
Acknowledge office copy of letter dt.29.01.2018. Marked at Exh.45.
Acknowledge office copy of letter dt.12.02.2018. Marked at Exh.46.
Acknowledge office copy of letter dt.23.04.2018. Marked at Exh.47.
Adjourned for R/E to 02.08.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Mr. Thorat for the plaintiff is present and filed application for adjournment. It is marked at Exh. 48. O- Time is granted.
Adv. Mrs. J.V. Mhatre for defendants/MCGM is present.
Adjourned for R/E to 20.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Plaintiff is present in person.
Adv. Thorat for the plaintiff is present.
Adv. J.V. Mhatre for defendant/MCGM is present.
KB LO at 01:00 pm.
PW-01 Mrs. Shakti Jaising Rane is resumed on SA.
Examination-in-chief and cross-examination of PW-1 is commenced and completed.
Advocate for the plaintiff filed evidence closed pursis. TOR. It is marked at Exh.49. O- Filed.
Adjourned for R/E P.H. to 01.11.2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Plaintiff is present in person.
Adv. J.V. Mhatre for defendant/MCGM is present and orally requested for keeping back the matter.
KB LO at 12:55 pm.
Advocate for the defendant filed evidence on affidavit. TOR. It is marked at Exh.50. O- R&R. Copy is supplied to the other side.
She requested for time to file documents. Time is granted.
Mr. Ankush Jagannath Waje, Jr. Tree Officer, \''S\'' Ward is present.
Examination-in-chief of DW-1 is commenced and completed. Cross-examination is deferred till next date.
Adjourned for R/E P.H./filing documents to 13.12.2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and orally requested for keeping back the matter.
KB LO at 01:16 pm.
None present for the plaintiff.
Advocate for the defendant filed list of documents. TOR. It is marked at Exh. 51. O- Other side to say on exhibition of documents. The defendant supply copies on the other side.
Mr. Ankush Jagannath Waje, JE, \''S\'' Ward is present.
Adjourned for admission and denial/ R/E P.H. to 02.02.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: The plaintiff is present in person and orally requested for keeping back the matter.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
KB LO at 12:15 pm.
The plaintiff is present in person and she informed that her advocate is not available.
Adjourned for admission and denial to 28.03.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: The plaintiff is present in person. She informed that advocate is not available.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
Adjourned for admission and denial to 27.04.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: The plaintiff is in person is present and informed that her advocate is not available today.
Adv. Mrs. Smita Chavan for defendant/MCGM is present.
Adjourned for admission denial to 27.06.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: The plaintiff is present in person.
Adv. Ms. Remedies for the plaintiff is present and filed say on the list of documents at Exh.51.
Adv. Ms. S.S. Chavan for defendant/MCGM is present.
Adjourned for consideration to 08.08.2023.
Next Purpose: CONSIDERATION
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: The plaintiff is present in person.
Adv. Mr. Anjali Mishra for the plaintiff is present.
Adv. Khandagale h/f Adv. S.S. Chavan for defendant/MCGM is present.
Heard both the sides on exhibition of documents filed as per the list Exhibit 51. O- Documents at Sr. No. B are verified as true copy by the concerned Officer by the defendant and therefore, keeping open all the defences, the same is marked at Exh.52 (colly). The defendant is prove rest of the documents at his own level.
Adjourned for RE (PH) to 26.09.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: The plaintiff is present in person.
Adv. Ms. Remedios for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. On his request, the matter is KB.
Lo at 12.57 p.m.
The appearance is as above.
Adv. Mr. Rahul Thorat for the plaintiff is present.
The advocate for the defendant filed list of documents. TOR. It is marked as Exhibit 53. O- Other side to say. Say filed.
Mr. Vaje Ankush Jaganath JE, is present.
Adjourned for admission denial/RE (PH) to 07.11.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: The plaintiff is present in person.
Adv. Mr. R.D. Thorat a/w Adv. Mr. Jitendra Patel for the plaintiff is present and endorsed say on the list Exhibit 53.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Rest appearance is as above.
Adjourned for consideration to 12.12.2023.
Next Purpose: CONSIDERATION
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: The plaintiff is present in person.
Adv. Ms. Remedios h/f Adv. Thorat for the plaintiff is present.
Adv. Mr. Khandagale for defendants/MCGM is present.
Heard both the sides on exhibition of documents.
Order below Exhibit 53:
Documents at Sr. Nos. 1 to 5 and 7 are filed, after due verification by the concerned department are true copies. Hence, keeping open all the defenses, the same are exhibited as follows:
Letter from Andra Valley Power dt 17.01.1998. It is marked at Exh.54.
Resolution of Standing committee for development. It is marked at Exhibit 55(colly).
Property Card of CTS No. 291. It is marked at Exhibit 56.
Acceptance letter to develop plot. It is marked at Exhibit 57(colly).
Work Order PO No. 4100041134 dt. 27.03.2018. It is marked at Exhibit 58(colly).
Letter given to Smt. Shakti Rane. It is marked at Exhibit 59.
Adjourned for RE (PH) to 23.01.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: Adv. Ms. Anjali Mishra h/f Adv. Thorat for the plaintiff is present.
Adv. Mr. Suryvanshi h/f Adv. Mr. Khandagale for defendant/MCGM is present and sought time to lead evidence, as witness is not present. Time is granted.
Adjourned for RE (PH) to 13.02.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: The plaintiff is present in person.
Adv. Ms. Remedios h/f Adv. Thorat for the plaintiff is present.
None present for defendants/MCGM.
The record shows that the matter is pending cross-examination of the plaintiff by defendant. Hence, the last roznama is corrected.
Later on 11.50 a.m.
Adv. Mr. Khandagale for defendant/MCGM is present. He is informed that the matter is already adjourned.
Adjourned for RE (PH) to 19.03.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: The plaintiff is present in person.
Adv. Mr. Rahul Thorat for the plaintiff is present.
Adv. Mr. Khandagle for defendant/MCGM is present and sought time to lead evidence, as witness is not available. Time is granted.
Adjourned for RE (PH) to 30.04.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: The plaintiff is present in person.
Adv. Mr. Rahul Thorat for the plaintiff is present.
Adv. Mr. Santosh Yadav a/w Adv. Giri for defendant/MCGM is present and sought time to lead evidence, as witness is on election duty. Time is granted.
Adjourned for RE (PH) to 09.07.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: The plaintiff is present in person.
Adv. Mr. Thorat a/w. Adv. Ms. Anjali Mishra for the plaintiff is present. Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/MCGM is present.
DW- 1 Mr. Ankush Waje, JE, is resumed on S.A. and his cross-examination is competed by the plaintiff.
Adjourned for R/E P.H. to 13.08.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: The plaintiff is present in person.
Adv. Mr. R.D. Thorat for the plaintiff is present.
Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present and sought time to lead further evidence. Granted.
Adjourned for RE (PH) to 24.09.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-09-2024
Date: 24-09-2024
Business: The plaintiff is present in person. Adv. Mr. Rahul Thorat for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/MCGM is present and sought time to lead evidence. Time is granted.
Adjourned for RE (PH) to 05.11.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-11-2024
Date: 05-11-2024
Business: The plaintiff is present in person. Adv. Mr. Rahul Thorat for the plaintiff is present. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present and sought time to proceed with the matter, as witness is on election duty. Time is granted.
Adjourned for RE (PH) to 03.12.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-12-2024
Date: 03-12-2024
Business: The plaintiff is present in person. Adv. Mr. R.D. Thorat for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/MCGM is present and sought time to lead his side. Time is granted lastly.
Adjourned for R/E P.H. to 21.01.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-01-2025
Date: 21-01-2025
Business: Adv. Ms. Remedios h/f Adv. Mr. Throat for the plaintiff is present. Adv. Mrs. S.R. Charatkar a/w Adv. Mr. S.R. Yadav for defendant/ BMC is present and tendered draft NM along-with affidavit. O- Leave is granted to register within 7 working days from today. In default, the draft NM would stand dismissed. Copy is supplied to the other side. The matter is kept back. Mr. Ankush Jaganath Vaje, Jr. Tree Officer, S ward/BMC is present. Later on 12.19 p.m. Adv. Mr. Rahul Thorat for the plaintiff is present and endorsed say on draft NM. Rest appearance is as above. Defendant BMC taken out this draft NM for production of documents. advocate for the plaintiff opposed motion by endorsing reply on overleaf on ground that defendant directly can not permitted to file documents without leave of the Court. Heard both the sides on draft NM. The advocate for defendant/BMC not pressed draft NM. Hence, draft NM stand disposed of as not pressed. The defendant/BMC directed to get registered draft NM for statistical purpose. The advocate for defendant/BMC filed evidence close pursis. Taken on record. It is marked as Exhibit 60. O- Filed.
Adjourned for tendering registered NM (disposed of)/written submissions on merits to 11.02.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2025
Date: 11-02-2025
Business: Court is on leave. Hence adjd. to
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2025
Date: 25-02-2025
Business: Adv. Mr. Rahul Thorat for the plaintiff is present and requested time to argue on merits. Time is granted. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for argument to 11.03.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-03-2025
Date: 11-03-2025
Business: Adv. Mr. Rahul Thorat for the plaintiff is present and requested time to argue on merits. Time is granted.
Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for argument to 01.04.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-04-2025
Date: 01-04-2025
Business: The plaintiff is present in person. Adv. Ms. Anjali Mishra h/f Adv. Mr. Thorat for the plaintiff is present and requested time to argue on merits. Time is granted. Adv. Adv. Mr. S.R. Yadav for defendant/ BMC is present.
Adjourned for final argument to 29.04.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-04-2025
Date: 29-04-2025
Business: Adv. Ms. Anajli Mishra h/f Adv. Mr. Thorat for the plaintiff is present and sought time for argument. Time is granted. Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for argument to 10.06.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-06-2025
Date: 10-06-2025
Business: Adv. Mr. R.D. Thorat for the plaintiff is present and requested time to argue on merits. Time is granted. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for argument to 24.06.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-06-2025
Date: 24-06-2025
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 29-07-2025
Date: 29-07-2025
Business: Adv. Jitendra patel h/f for R.D Thorat present for the plaintiff.
Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Heard Learned advocate for the plaintiff.
Adjourned for argument of defendants to 19-08-2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-08-2025
Date: 19-08-2025
Business: None present for the plaintiff. None present for defendant/BMC.
Due to heavy torrential rain and water logging in different parts of Mumbai. It would not be just and appropriate to pass any adverse Order. Hence, matter adjourned.
Adjourned for argument (BMC) to 16.09.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-09-2025
Date: 16-09-2025
Business: Adv. Ms. Anjali Mishra h/f Adv. Mr. Thorat for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. Kept back.
Later on 12.15 p.m.
The appearance is as above. The advocate for defendant/BMC requested for written submissions on merits. Time is granted.
Adjourned for written submissions on merits by defendant to 07.10.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-10-2025
Date: 07-10-2025
Business: Adv. Mr. Rahul Thorat for the plaintiff is present. Adv. Mrs. Sheetal Metakari for defendant/BMC is present and requested time to argue the merits. Time is granted as last chance.
Adjourned for argument to 14.10.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-10-2025
Date: 14-10-2025
Business: Plaintiff in person is present.
Adv. Mr. Santosh Yadav for defendant/BMC is present.
Kept Back
Later on at 11.26 a.m.
Adv. R. D. Thorat for plaintiff is present.
Kept Back
Later on at 11.59 a.m.
Adv. R. D. Thorat for plaintiff is present.
Adv. Mr. Santosh Yadav for defendant/BMC is present and filed application for adjournment. TOR. Marked as Exh-61. Adv. for plaintiff filed say overleaf of Exh-61.
O- Considering the reason mentioned in the application short adjournment is granted for filing written submission.
Adv. for defendant/BMC is directed to file written arguments.
Adjourned for written arguments by defendant/BMC to 16.10.2025.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 16-10-2025
Date: 16-10-2025
Business: Adv.Anjali Mishra present for the plaintiff.
Plaintiff present.
Adv. Mr. Santosh Yadav a/w Adv.Shital Metkari for defendant/BMC is present and filed written submission. T.O.R marked as Exh-62.
Order- Filed.
Copy supplied to the other side.
Adjourned for judgment to 06/11/2025.
Next Purpose: JUDGMENT
Next Hearing Date: 06-11-2025
Date: 06-11-2025
Business: court is on leave, hence adjd. to
Next Purpose: JUDGMENT
Next Hearing Date: 11-11-2025
Date: 11-11-2025
Business: Adv. Mr. R.D. Thorat for the plaintiff is present. Adv. Mrs. Sheetal Metakari for defendant/BMC is present. The Court is busy in recording evidence in SU 1550/2019.
Adjourned for Judgment to 15.11.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 15-11-2025
Date: 15-11-2025
Business: Adv. Ms. Anjali Sharma h/f Adv. Mr. Thorat for the plaintiff is present. Adv. Mrs. Sheetal Metakari for defendant/BMC is present. Kept back.
Later on 3.22 p.m.
The appearance is as above.
The Judgment is dictated and pronounced in Open Court. It is marked at Exhibit 63. The Operative order is passed as follows :
O R D E R
01. Suit is dismissed with costs.
02. Decree be drawn accordingly.
03. Record and proceeding be sent back to the Record department.
The advocate for plaintiff filed application for stay. Taken on record. It is marked as Exhibit 64. O- Other side to say. Say filed. Heard.
Order on Exhibit 64 : The Ld. advocate for plaintiff contended in the application that being aggrieved by the Judgment of dismissal the plaintiff intends to file appeal. Therefore, operation of the Judgment be stayed for 8 weeks so as to enable plaintiff to approach the Hon’ble High Court.
The defendant has objected the application on the ground that suit is dismissed on merits. The court has not passed any executable Order. The plaintiff will have opportunity to file appeal within statutory period. Hence, application be dismissed.
It would be worthwhile to mention that NM bearing No. 2274/2018 was dismissed on 12.06.2019. Today the suit is dismissed on merit. But, no executable Order is passed therefore, no ground made out of stay of the operation of Judgment.
But, when, the notice of motion dismissed at that time my Ld. predecessor had directed the plaintiff as well as the defendant to maintain status-quo in respect of structure occupied by the plaintiff that in view of Order of the Hon’ble High Court in AO (ST) NO. 14787/2018. Therefore, now the defendant is directed to maintain status-quo only in respect of structure occupied by the plaintiff for the period of 4 weeks.
Nature Of Disposal: DISMISSED
Disposal Date: 15-11-2025